Apple sues OpenAI, saying former Apple employees took its trade secrets; OpenAI says it sees no evidence the complaint has merit
Apple accuses OpenAI and two former Apple employees of taking its hardware trade secrets. OpenAI says it is not aware of any evidence the complaint has merit, and the defendants have agreed to a forensic inspection.
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
Tan spent 24 years at Apple, most recently as vice president of product design for iPhone and Apple Watch, and co-founded io Products, which merged with OpenAI. Liu was a senior system electrical engineer at Apple for eight years before joining OpenAI in January 2026. Apple's complaint says it wrote to OpenAI in February about its concerns, and that more than 400 former Apple employees now work at OpenAI. Apple seeks an injunction, damages and a jury trial, and it also sues Tan and Liu for breach of their employment agreements. Apple moved for a preliminary injunction on August 3. The October stipulation resolved that motion; it does not decide whether any trade secrets were taken.
Timeline
3 timeline entries on this page. Dates: July 10, 2026 to October 16, 2026
July 2026
Apple sues Liu, Tan, OpenAI and io Products in federal court
Apple files a complaint in the U.S. District Court for the Northern District of California, San Jose Division, claiming trade secret misappropriation and breach of contract. It demands a jury trial and asks for an injunction, damages and other relief.
[01]Apple Inc.
The 41-page complaint Apple filed in the U.S. District Court for the Northern District of California, San Jose Division, against former Apple engineer Chang Liu, OpenAI chief hardware officer Tang Yew Tan, OpenAI Foundation, OpenAI Group PBC and io Products. It brings claims for trade secret misappropriation and breach of contract, asks for a jury trial and seeks an injunction, damages and other relief.
Apple Inc. v. Liu, No. 5:26-cv-07078 (N.D. Cal.), complaint (Dkt. 1) · Apple Inc.Complaint, paragraphs 1-14 (pages 1-5)
August 2026
Apple moves for a preliminary injunction
Apple files a motion for a preliminary injunction against the defendants, according to the stipulation the parties later filed with the court.
[02]Apple Inc. v. Liu, No. 5:26-cv-07078 (N.D. Cal.), order granting joint stipulation for document preservation and forensic inspection (Dkt. 188)
The stipulation Apple and all defendants signed on October 15, 2026, and Judge Edward J. Davila's order of October 16 granting it. The defendants agree not to access, use or disclose Apple confidential or trade secret information, to preserve evidence and to submit forensic images of devices and accounts that hold Apple information for inspection by Apple's expert. The order declares Apple's motion for a preliminary injunction moot.
Apple Inc. v. Liu, No. 5:26-cv-07078 (N.D. Cal.), order granting joint stipulation for document preservation and forensic inspection (Dkt. 188)Stipulation paragraphs 1-6 and order (pages 2-3)
October 2026
Court approves an agreement barring use of Apple information and requiring forensic inspection
Judge Edward J. Davila grants a joint stipulation in which the defendants agree not to access, use or disclose Apple confidential or trade secret information, not to destroy relevant evidence, and to submit forensic images of their employees' devices and accounts that hold Apple information for inspection by Apple's expert within 14 days. The order declares Apple's motion for a preliminary injunction moot.
[02]Apple Inc. v. Liu, No. 5:26-cv-07078 (N.D. Cal.), order granting joint stipulation for document preservation and forensic inspection (Dkt. 188)
The stipulation Apple and all defendants signed on October 15, 2026, and Judge Edward J. Davila's order of October 16 granting it. The defendants agree not to access, use or disclose Apple confidential or trade secret information, to preserve evidence and to submit forensic images of devices and accounts that hold Apple information for inspection by Apple's expert. The order declares Apple's motion for a preliminary injunction moot.
Apple Inc. v. Liu, No. 5:26-cv-07078 (N.D. Cal.), order granting joint stipulation for document preservation and forensic inspection (Dkt. 188)Stipulation paragraphs 1-6 and order (pages 2-3)
Claims
Claims separate what was said from what is contested. Follow each source for the original wording and context.
What's disputed
Disputed claim
Apple Inc.
Former Apple employees who joined OpenAI, including chief hardware officer Tang Tan and engineer Chang Liu, took Apple's trade secrets and confidential information and used them to help OpenAI develop hardware.
What is disputed
OpenAI says it is not aware of any evidence that the complaint has merit and that it has no interest in other companies' trade secrets. In October the defendants agreed not to access or use Apple confidential information and to submit devices and accounts that hold it to forensic inspection. That agreement resolved Apple's motion for a preliminary injunction and does not decide the claims. No court has ruled on whether any trade secrets were taken.
Sources (2)
- Apple Inc. v. Liu, No. 5:26-cv-07078 (N.D. Cal.), complaint (Dkt. 1) · Apple Inc.Complaint, paragraphs 1-14 (pages 1-5)
- OpenAI: No Evidence Apple's Trade Secret Complaint Has Merit · MacRumorsFull article
Response record
Responses
Choose one response filter, or select All responses to see the full record.
2 responses. Newest first.
OpenAICompany statement provided to BloombergDirectly involvedBefore this statement
MacRumors reports that OpenAI provided the statement to Bloomberg in response to Apple's trade secret allegations.
"While we take these allegations seriously, we're not aware of any evidence that this complaint has merit."
DeniedResponding to: Former Apple employees who joined OpenAI, including chief hardware officer Tang Tan and engineer Chang Liu, took Apple's trade secrets and confidential information and used them to help OpenAI develop hardware.
Full statement and sources
Responding to Apple's lawsuit, OpenAI says it takes the allegations seriously but is not aware of any evidence that the complaint has merit.
After the statement
OpenAI adds that it believes in fair competition and in allowing people the freedom to work wherever they choose, and that it is focused on building technology that empowers people everywhere.
OpenAI: No Evidence Apple's Trade Secret Complaint Has Merit · MacRumorsFull articleWhy this label?
The reference point is the conduct Apple alleges: that former Apple employees, including OpenAI's chief hardware officer, took Apple trade secrets and used them to help OpenAI build hardware. OpenAI says it is not aware of any evidence that the complaint has merit, which denies the allegations.
This label describes the statement's response within the context above.
Apple Inc.Plaintiff, in the complaint filed by its lawyers at Weil, Gotshal & MangesDirectly involvedBefore this statement
The complaint opens by naming the defendants: former Apple engineer Chang Liu, OpenAI chief hardware officer Tang Yew Tan, two OpenAI entities and io Products.
"This case is about Apple's former employees stealing Apple's trade secrets for the benefit of OpenAI. Apple brings this suit to put a stop to it."
CondemnedResponding to: Former Apple employees who joined OpenAI, including chief hardware officer Tang Tan and engineer Chang Liu, took Apple's trade secrets and confidential information and used them to help OpenAI develop hardware.
Full statement and sources
In its complaint, Apple says the case is about its former employees stealing Apple's trade secrets for the benefit of OpenAI and that it brings the suit to stop it.
After the statement
The complaint goes on to say that Apple has invested hundreds of billions of dollars and decades of effort in its hardware products and keeps its product development confidential.
Apple Inc. v. Liu, No. 5:26-cv-07078 (N.D. Cal.), complaint (Dkt. 1) · Apple Inc.Complaint, paragraphs 1-14 (pages 1-5)Why this label?
The reference point is the conduct Apple alleges: that former Apple employees, including OpenAI's chief hardware officer, took Apple trade secrets and used them to help OpenAI build hardware. Apple, the plaintiff, says its former employees stole its trade secrets for OpenAI's benefit and that it sued to stop it, which condemns that alleged conduct.
This label describes the statement's response within the context above.
Sources
(3)
Original text
Apple Inc. v. Liu, No. 5:26-cv-07078 (N.D. Cal.), complaint (Dkt. 1)
Relevant passage: Complaint, paragraphs 1-14 (pages 1-5)
About this source
The 41-page complaint Apple filed in the U.S. District Court for the Northern District of California, San Jose Division, against former Apple engineer Chang Liu, OpenAI chief hardware officer Tang Yew Tan, OpenAI Foundation, OpenAI Group PBC and io Products. It brings claims for trade secret misappropriation and breach of contract, asks for a jury trial and seeks an injunction, damages and other relief.
- Author
- Counsel for Apple Inc.: Gabriel S. Gross and others at Weil, Gotshal & Manges LLP
- Published
- Accessed
Reporting
OpenAI: No Evidence Apple's Trade Secret Complaint Has Merit
Relevant passage: Full article
About this source
MacRumors report on the statement OpenAI gave Bloomberg in response to Apple's lawsuit. It also repeats OpenAI spokesperson Drew Pusateri's first response from the day the suit was filed and summarizes Apple's allegations against Tang Tan and Chang Liu.
- Author
- Juli Clover
- Published
- Accessed
Original text
Apple Inc. v. Liu, No. 5:26-cv-07078 (N.D. Cal.), order granting joint stipulation for document preservation and forensic inspection (Dkt. 188)
Relevant passage: Stipulation paragraphs 1-6 and order (pages 2-3)
About this source
The stipulation Apple and all defendants signed on October 15, 2026, and Judge Edward J. Davila's order of October 16 granting it. The defendants agree not to access, use or disclose Apple confidential or trade secret information, to preserve evidence and to submit forensic images of devices and accounts that hold Apple information for inspection by Apple's expert. The order declares Apple's motion for a preliminary injunction moot.
- Author
- U.S. District Judge Edward J. Davila, on a joint stipulation by Apple and the defendants
- Published
- Accessed
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Cite this record
- Publisher
- The Dispute Index
- Title
- Apple sues OpenAI, saying former Apple employees took its trade secrets; OpenAI says it sees no evidence the complaint has merit
- First published
- Last updated
- Permalink
- https://disputeindex.com/cases/apple-v-openai-trade-secrets
The Dispute Index. "Apple sues OpenAI, saying former Apple employees took its trade secrets; OpenAI says it sees no evidence the complaint has merit". First published: 2026-10-23. Last updated: 2026-10-23. https://disputeindex.com/cases/apple-v-openai-trade-secrets